Nathaniel Greenberg Kelly’s Answers

Nathaniel Greenberg Kelly

San Francisco Business Attorney.

Contributor Level 4
  1. Can a California corporation doing business as a sole proprietorship represent itself in court?

    Answered about 2 years ago.

    1. Nina Yablok
    2. Michael Charles Doland
    3. Frank Wei-Hong Chen
    4. Ryan Steve Alexander
    5. Nathaniel Greenberg Kelly
    6. ···
    6 lawyer answers

    Hi Thousand Oaks, A corporation cannot represent itself in court even if you are taxed as a sole proprietor (which is what I believe you have indicated from your question). If you have not filed articles of incorporation or organization to form a Corporation or LLC with the state and merely filed a DBA and remain a sole proprietorship this is a different matter you can represent yourself.

    3 lawyers agreed with this answer

  2. Converting California LLC to a C Corp.

    Answered over 1 year ago.

    1. Dana Howard Shultz
    2. Nathaniel Greenberg Kelly
    3. Scott Richard Kaufman
    4. William Richardson Christian
    5. Jeffrey Ferris Clark
    5 lawyer answers

    You can file for conversion with the secretary of state and may be able to keep your old EIN. Generally these types of conversions are tax-free conversions, as I.R.C. §351 states: General rule. No gain or loss shall be recognized if property is transferred to a corporation by one or more persons solely in exchange for stock in such corporation and immediately after the exchange such person or persons are in control (as defined by §368(c)) of the corporation. Nonetheless, it would be wise to...

    2 lawyers agreed with this answer

  3. Can I prevent my ex-boyfriend to send shameful video of me to family, friends and work colleagues?

    Answered about 2 years ago.

    1. Eric D Ridley
    2. Nicholas Basil Spirtos
    3. Richard Brian Hein
    4. Nathaniel Greenberg Kelly
    4 lawyer answers

    In order to stop him you would need to obtain a temporary restraining order from a court of appropriate jurisdiction. You have a right to privacy, a right to your image, and perhaps other claims that could allow a judge to order your ex not to release the video.

    1 lawyer agreed with this answer

  4. I need to register to do business in California. I will be buying, rehabbing and re-selling homes.

    Answered over 1 year ago.

    1. Evelyn Susan Ginossi
    2. Dana Howard Shultz
    3. Nathaniel Greenberg Kelly
    3 lawyer answers

    There is no state-wide license that you would need to buy and sell homes here in California. If you are doing so on behalf of others this is a different matter. If you are doing so under your NV Corp. you should register as a foreign corporation, and depending on where you do business you may need local (e.g. city) permits.

  5. What is the statute of limitations regarding fraud and overbilling?

    Answered over 1 year ago.

    1. Herb Fox
    2. Scott Richard Kaufman
    3. Nathaniel Greenberg Kelly
    3 lawyer answers

    The statute of limitations for fraud in California is three years. While most cases against former attorneys would lie in malpractice, fraud could be at issue here. Although I'm not clear what you mean by "overbilling", if you mean sending you invoices and/or collecting your money for work not actually performed or that the attorney knew did not need to be performed, you could have a case for fraud. See CCP Section 340.6.

  6. I am in desperite need on a family law attorney that can help at a low cost. Are their any?

    Answered about 2 years ago.

    1. John Noah Kitta
    2. Kathleen O'Hanlon Peterson
    3. Christopher Scott Malloy
    4. Nathaniel Greenberg Kelly
    4 lawyer answers

    There are certainly attorneys, including myself, who work off sliding scales. There is also the option of retaining an attorney on a "limited scope" to assist you in a specific matter. Good luck to you in your case! I hope you find appropriate representation.

  7. When taking a corporation to small claims court for unpaid wages, can I also claim lost wages for hours that were lost due corp?

    Answered about 2 years ago.

    1. Daniel Jon Woodring
    2. Nathaniel Greenberg Kelly
    2 lawyer answers

    You have raised several relevant issues. First, it may be wise to speak to an attorney regarding your back wages because you may be entitled to statutory damages on top of the past wages due, which would mean that small claims court is not the best venue for you. Regarding your further lost wages, you may have a claim that they breached their fiduciary duty to you as your general contractor. The Law Offices of Nathaniel Kelly handles employment claims on a regular basis. If you...

    1 lawyer agreed with this answer